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CHARTER 



Colby Univei\sity, 



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ACTS AND RESOLVES 



RELATING THERETO, 



BY-LAWS OF THE TRUSTEES. 




PORTLAND, ME: 
STEPHEN BEBRY, PEINTER, 

1875. 



CHARTER 

Granted by Massachusetts. 



An Act to establish a Literary Institution in the District 
of Maine, within this Commonwealth. 

■ Sec. 1. Be it enacted hy the Senate and House of Repre- 
sentatives in Greneral Court assembled^ and hy the authority of 
the same, That there be erected and established in the 
District of Maine, in the township hereafter mentioned, a 
Literary Institution, for the purpose of educating youth, to 
be called and known by the name of The Maine Literary 
and Theological Institution, to be under the government 
and regulation of a body politic, as in this act is hereafter 
described. 

Sec. 2. Be it further enacted, That Daniel Merrill, Caleb 
Blood, Sylvanus Boardman, Thomas Green, Robert Low, 
Benjamin Titcomb, Thomas Francis, Ranson Norton, Daniel 
McMasters, Hon. James Campbell, Samuel Stiuson, John 
Hovey, David Nelson, Alford Richardson, John Haynes, 
Samuel Baker, Joseph Bailey, Phineas Pilsbury, Hezekiah 
Prince, Moses Dennitt and John Neal, together with the 
President and Treasurer of the said Institution for the time 
being, to be chosen as in this act is hereafter directed, be, 
and hereby are erected a body politic and corporate, by the 
name of the President and Trustees of the Maine Literary 
and Theological Institution ; and that they and their succes- 



4 

sors, and such others as shall be duly elected members of 
the said Corporation, shall be and remain a body politic and 
corporate, by that name forever. 

Sec. 3. Be it further enacted^ That for the more orderly 
conducting the business of the said Corporation, the Presi- 
dent and Trustees shall have full power and authority, from 
time to time as they shall determine, to elect a Vice-President, 
Treasurer and Secretary of said Corporation, and to declare 
the tenure and duties of their respective offices, and also to 
remove any Trustee from the said Corporation, when in their 
judgment he shall be rendered incapable by age or other- 
ways, of discharging the duties of his office, and to fill up all 
vacancies in the said Corporation, by electing such persons 
for Trustees as they shall judge best : Provided nevertheless. 
That the number of the said Corporation, including the 
President of the said Institution, and the Treasurer for the 
time being, shall never be greater than thirty-one, nor less 
than twenty-one. 

Sec. 4i Be it further enacted. That the said Corporation 
may have one common seal, which they may change, break 
or renew, at their pleasure ; and that all deeds signed and 
delivered by the Treasurer, and sealed with their seal, by 
the order of the Corporation, shall, when made in their cor-, 
porate name, be considered in law, as the deed of the said 
Corporation ; and that the said Corporation may sue and be 
sued, in all actions real, personal and mixed, and may prose- 
cute and defend the same to final judgment and execution, 
by the name of the President and Corporation of the Maine 
Literary and Theological Institution ; and that the said Cor- 
poration shall be capable of having, holding and taking in 
fee simple, or any less estate, by gift, grant, devise or other- 
wise, any lands, tenements or other estates, real or personal t 
Provided nevertheless, That the annual clear income of the 
same shall not exceed the sum of thirty thousand dollars. 



Sec. 5. Be it further enacted^ That the said Corporation 
shall have full power and authority to determine at what 
times and places their meetings shall be holden, and on the 
manner of notifying the Trustees, to convene at such meetings, 
and also from time to time, to elect a President and Treasurer 
of said Institution, and such Professors, Tutors, Instructors, 
and other officers of the said Institution, as they shall judge 
most for the interest thereof ; and to determine the duties, 
salaries, emoluments and tenures of their several offices 
aforesaid ; the said President for the time being, when 
elected and inducted into his office, to be ex-officio Presi- 
dent of the Corporation; and the said Corporation are 
further empowered to purchase or erect and keep in repair, 
such houses and other buildings, as they shall judge neces- 
sary for the said Institution, and also to make and ordain, 
as occasion may require, reasonable rules, orders and by- 
laws, not repugnant to the laws of this Commonwealth, 
with reasonable penalties for the good government of said 
Institution, and also to determine and prescribe the mode of 
ascertaining the qualifications of the students requisite to 
their admission : Provided nevertheless. That no corporate 
business shall be transacted at any meeting, unless thirteen 
at least of the Corporation are present. 

Sec. 6. Be it further enacted. That the clear rents, issues 
and profits of all the estate, real and personal, of which the 
said Corporation shall be seized or possessed, shall be appro- 
priated to the endowment of the said Institution, in such 
manner as shall most effectually promote virtue and piety, 
and a knowledge of such of the languages, and of the liberal 
arts and sciences, as shall be hereafter directed from time to 
time by the said Corporation. 

Sec. 7. Be it further enacted. That the Hon. John Wood- 
man, Esq., be, and he is hereby authorized and empowered 
to fix the time and place for holding the first meeting of the 



said Corporation, of which he shall give notice by an adver- 
tisement in a Portland, and one other eastern newspaper, at 
least fourteen days previous to the time of said meeting. 

Sec. 8. Be it further enacted^ That the Treasurer of said 
Corporation shall, before he enters upon the execution of 
the duties of his office, give bonds to the said Corporation, 
in such sums and with such sureties as they shall approve 
of, conditioned for the faithful discharge of the said office, 
and for rendering a just and true account of his doings 
therein, when required ; and that all the money, securities 
and other property of the said Corporation, together with 
all the books in which his accounts and proceedings as 
Treasurer were entered and kept, that shall be in his hands 
at the expiration of his office, shall, upon demand made 
upon him, his executors or administrators, be paid and 
delivered over to his successor in that office, and all moneys 
recovered by virtue of any suit at law, upon such bond, 
shall be paid over to the Corporation aforesaid, and sub- 
jected to the appropriation above directed in this act. 

Sec. 9. Be it further enacted^ That the Legislature of this 
Commonwealth may grant any further powers to, or alter, 
limit, annul or restrain any of the powers by this act vested 
in the said Corporation, as shall be judged necessary to pro- 
mote the best interests of the said Institution ; and the said 
Corporation shall be holden to render an account to the 
Legislature, whenever they shall see fit to require it, of all 
their proceedings, and the manner of disposing of the funds 
of said Institution. 

Sec. 10. Be it further enacted^ That there be, and hereby 
is granted a township of land six miles square, to be laid out 
and assigned from any of the unappropriated lands belonging 
to this Commonwealth in the District of Maine, under the 
same restrictions, reservations, and limitations, as other 
grants, for similar purposes are usually made ; the same to 



be vested in the Corporation of said Institution, and their 
successors forever, for the use, benefit and purpose of sup- 
porting said Institution, to be by them holden in their 
corporate capacity, with the power and capacity to settle, 
divide and manage the same tract of land or township, or 
any part thereof, or to sell, convey or dispose of the same, 
for settlement only, and to no one person a larger quantity 
than one thousand acres, in such way and manner, as shall 
best promote the welfare of said Institution ; the same to be 
laid out under the direction of the committee for the sale of 
eastern lands, and a plan thereof returned to the Secretary's 
office, within three years after the expiration of the present 
War with Great Britain. 

[Approved by the Governor, Feb. 27, 1813.] 



ACTS RELATING TO THE UNIVERSITY. 



BY MASSACHUSETTS. 

An Act in addition to an Act, entitled " An Act to estab- 
lish a Literary Institution in the District of Maine, 
within this Commonwealth." 

Be it enacted hy the Senate and House of Representatives in 
General Court assembled^ and hy the authority of the same, 
That the Maine Literary and Theological Institution be, 
and they are hereby authorized and empowered to locate 
and establish their buildings in any town within the Coun- 
ties of Kennebec or Somerset ; anything contained in the 
first section of the Act entitled " An Act to establish a 
Literary Institution in the District of Maine, within this 
Commonwealth," to the contrary notwithstanding. 
[Approved by the Governor June 15, 1816.] 



BY MAINE. 



An Act to enlarge the powers of the Maine Literary and 
Theological Institution. 

Sec. 1. Be it enacted hy the Senate and House of Rep- 
resentatives in Legislature assembled, That the President and 



Trustees of the Maine Literary and Theological Institution 
are hereby authorized and empowered to confer such degrees 
as are usually conferred by Universities established for the 
education of youth ; Provided^ That the said Corporation 
shall confer no degrees other than those of Bachelor of Arts, 
and Master of Arts, until after the first day of January, 
which will be in the year of our Lord eighteen hundred and 
thirty. And provided also, that the said Corporation shall 
not make or have any rule or by-law requiring that any 
member of the Trustees shall be of any particular religious 
denomination. Provided, That no student belonging or 
who may hereafter belong to said Institution, sustaining a 
fair moral character, shall be deprived of any privileges of 
said Institution, or be subjected to the forfeiture of any aid 
which has been granted by said Institution, for the purpose 
of enabling him to prosecute his studies, or be denied the 
usual testimonials on closing his studies, or be denied ad- 
mission to said Institution on the ground that his interpre- 
tations of the scriptures differ from those which are con- 
tained in the articles of faith adopted, or to be adopted by 
said Institution. 

Sec. 2. Be it further enacted, by the authority aforesaid, 
That the Legislature of this State shall have the right to 
grant any further powers to, alter, limit or restrain any of 
the powers vested in said Corporation, as shall be judged 
necessary to promote the best interests thereof. 

[This Act passed June 19, 1820.] 



An Act to encourage Literature and the useful Arts 
and Sciences. 

Sec. 1. Be it enacted hy the Senate and House of Mepre- 
sentatives in Legislature assembled, That there be and hereby 



10 

is granted to the President and Trustees and Overseers of 
Bowdoin College, the sum of three thousand dollars annu- 
ally from and after the fourteenth day of February, which 
shall be in the year of our Lord eighteen hundred and 
twenty-four, until the terra of seven years therefrom, shall be 
complete and ended, to be paid in semi-annual payments out 
of the Treasury of this State from moneys arising from the 
tax on certain Banks not otherwise appropriated. 

Sec. 2. Be it further enacted^ That the sum of one thou- 
sand dollars annually, be, and hereby is granted to- the Maine 
Literary and Theological Institution from and after the 
fourteenth day of February, which shall be in the year of our 
Lord one thousand eight hundred and twenty-one, for the 
term of seven years, to be paid out of the Treasury of this 
State in the manner provided in the first section of this Act. 

Sec. 3, Be it further enacted^ That at least one-fourth 
part of the sums to be received by said College and said 
Literary and Theological Institution, shall be appropriated 
for and towards the partial or total reduction of the tuition 
fees of such Students, not exceeding one-half the number of 
any class who may apply therefor, according to the judg- 
ment of the said Corporations respectively. 

Sec. 4. Be it further enacted^ That the President, Direct- 
ors and Company of the Cumberland Bank, and the Presi- 
dent, Directors and Company of the Bank of Portland, shall 
pay the sums reserved to be paid as a tax on said Banks, to 
the State of Maine, into the Treasury of this State to create 
a fund for the purposes aforesaid, for the term of seven 
years from the 24th day of February, Anno Domini eighteen 
hundred and twenty-four, and so long as the present charters 
of said Banks and the tax thereon may by law continue. 

Sec. 5. Be it further enacted^ That the President, Direct- 
ors and Company of the Waterville Bank, shall pay the 



11 



sums reserved to be paid as a tax on said Bank to the State 
of Maine, into the Treasury of this State to create a fund 
for the purposes aforesaid from and after the passing of this 
Act, until the fourteenth day of February which shall be in 
the year of our Lord eighteen hundred and thirty-one, and 
so long as the present Charter of said Bank and the tax 
thereon may by law continue : Provided^ however^ That if 
the said sums shall be so paid by said Banks, the sums hereby 
granted shall be paid by the Treasurer of the State to said 
College and said Literary and Theological Institution re- 
spectively, as above granted, in satisfaction of the grants 
aforesaid : Provided also, That this grant shall be null and 
void whenever the sum of four thousand dollars shall not 
be annually received from the Banks aforesaid into the 
Treasury thereof from the tax upon them as aforesaid. 

[This Act passed June 28, 1820.] 



An Act to change the name of the Maine Literary and 
Theological Institution. 

Be it enacted hy the Senate and House of Representatives in 
Legislature assembled. That from and after the passing of 
this act, the name of the said Maine Literary and Theologi- 
cal Institution shall cease, and the same shall henceforth be 
called and known by the name of Waterville College ; any 
law to the contrary notwithstanding : And nothing in this 
act contained shall be construed to impair or annul any of 
the rights, powers or privileges of the said corporation. 

[This Act passed February 5, 1821.] 



12 

An Act to change the name of Waterville College. 

Be it enacted by the Senate and Souse of Hepresentatives in 
Legislature assembled, as follows : 

Sec. 1. The name of the Corporation, " The President 
and Trustees of Waterville College," is hereby changed to 
" The President and Trustees of Colby University." 

Sec. 2. This Act takes effect when approved by the 
Governor. 

[Approved January 23, 1867.] 



An Act additional to the Acts which constitute the Charter 
of Colby University. 

Be it enacted by the Senate and House of Hepresentatives in 
Legislature assembled, as follows : 

Sec. 1. The powers vested jointly in the President and 
Board of Trustees, by the Acts which constitute the Charter 
of Colby University, are hereby vested in the Board of 
Trustees, of which the President shall not be a member ex- 
officio; but the Board may elect their own presiding officer, 
to hold office for such term as shall be prescribed in the 
by-laws. 

Sec. 2. This Act shall take effect when approved. 
[Approved February 17, 1874.] 



13 



RESOLVES 

RELATING TO THE UNIVERSITY. 



BY MASSACHUSETTS. 

Resolve on the petition of the Maine Literary and Theologi- 
cal Institution, granting a township of Land, 
15th February, 1815. 

On the petition of the Trustees of the Maine Literary and 
Theological Institution, requesting that the Agent for the 
sale of eastern lands might be empowered to give a deed to 
them of township No. 3, on the west side of Penobscot 
river, purchased of the Indians ; 

Resolved^ For reasons set forth in said petition, that Wil- 
liam Smith, Esq., agent for the sale of eastern lands, be, and 
he is hereby authorized to give a deed of township No. 3, 
on the west side of Penobscot river, to the Trustees of the 
Maine Literary and Theological Institution, to be vested in 
the Corporation of said Institution, and their successors, 
forever, for the use, benefit, and purpose of supporting said 
Institution ; to be by them holden in their corporate capacity, 
in full consideration for the grant made by an act passed the 
twenty-seventh day of February, eighteen hundred and 
thirteen, reserving, however, two thousand six hundred acres, 
surveyed in lots of one hundred acres each, laid out on a 
road to be made through said township ; which lots are re- 
served for the purpose of defraying the expense of making 



14 

« 

said road, and subject to the same restrictions, reservations, 
and limitations, as other grants for similar purposes are now 
usually made. The said Trustees, and their successors, have 
full power and authority to settle, divide, and manage the 
said tract or township of land, or any part thereof, or to sell, 
convey, or dispose of the same for settlement only ; and to 
no person a larger quantity than one thousand acres, in such 
way and manner, as shall best promote the welfare of said 
Institution. 



BY MAINE. 

Resolve to encourage and aid the publication of a Statistical 
view and Map of the State. 

Resolved^ That whenever said maps and statistical view 
shall be delivered at the office of the Secretary of State, he 
shall transmit one set to each of the Clerks in each County 
to be placed in their offices for the use and benefit of the 
inhabitants of each of said Counties ; one set to the Presi- 
dents of each of the Colleges of Bowdoin and Waterville ; 
and one set to the Principal of Gardiner Lyceum, for the 
use of said institutions ; and the remaining sets to be here- 
after disposed of at the pleasure of the State. 

[Approved by the Governor, February 12, 1828.] 



Resolve for the benefit of Waterville College. 

Resolved^ That there be, and hereby is, granted to Water- 
ville College, to be paid out of the Treasury of the State, 



/"^ 



15 



the sum of three thousand dollars, in equal annual payments, 
the first payment to be made on the first day of April next : 
Provided^ That the sum of two hundred and fifty dollars, 
from the sum hereby granted, shall be appropriated, annually, 
to the partial or total reduction of the tuition fees of indi- 
gent students in said College. 

[Approved by the Governor, February 18, 1828.] 



Resolve for the benefit of Waterville College. 

Resolved^ That there be, and hereby is granted to Water- 
ville College, to be paid out of the Treasury of the State, in 
addition to the sum granted at the last session of the Legis- 
lature, the sum of one thousand dollars, in two equal annual 
payments, the first payment to be made on the first day of 
April next. 

[Approved February 13, 1829.] 



Resolve in favor of Waterville College. 

Resolved^ That there be and hereby is granted to Water- 
ville College, to be paid out of the Treasury of the State, the 
sum of one thousand dollars, Provided^ that the sum of five 
hundred dollars from the sum hereby granted, shall be ap- 
propriated to the partial or total reduction of the term bUla 
of indigent students in said College. 

[Approved March 9, 1832.] 



.^•^^■s 



16 

Resolve in relation to the distribution of certain docnnients 
to Bowdoin College, Waterville College and Harvard 
University. 

Resolved^ That the Secretary of State be and he hereby 
is authorized and directed to forward to Bowdoin College, 
Waterville College and Harvard University one copy each 
of all the laws, resolves and public documents of this State 
up to and including the present year, to be deposited for 
perpetual preservation in the respective libraries of said 
institutions : Provided^ however^ That the number of such 
laws, resolves and public documents in the State library, 
shall not thereby be so reduced as to prevent the necessary 
supply for usual State purposes. 

Resolved^ That one set each, of the laws, resolves and 
public documents of each subsequent year, be hereafter 
annually transmitted by the Secretary of State to said 
several Institutions for the purposes aforesaid. 

[Approved July 30, 1847.] 



Resolve making a grant of land to Waterville College. 

Resolved^ That the land agent be directed to convey to 
the Trustees of Waterville College, two half townships of 
land of average quality, to be selected by him and to be 
applied by said Trustees to the benefit of said College ; 
Provided^ however. That said land shall revert to the State 
unless there be subscribed and paid into the funds of said 
College by private subscription the sum of twenty thousand 
dollars by the first day of April, eighteen hundred and sixty- 
three. 

[Approved March 9, 1861.] 



17 

Resolve to amend chapter forty of the resolves of eighteen 
hundred and sixty-one, making a grant of land to 
Waterville College. 

Resolved^ That chapter forty of the resolves of eighteen 
hundred and sixty-one, be and hereby is amended so as to 
read, 

Resolved, That the land agent be directed to convey to 
the President and Trustees of Waterville College, two half 
townships of land of average quality, to be selected by said 
agent, and to be applied by said President and Trustees to 
the benefit of said College ; Provided, however. That said 
land shall revert to the State, unless the subscriptions to 
the said College now being made by individuals, shall have 
reached at least the sum of twenty thousand dollars, on or 
before the first day of April, eighteen hundred and sixty- 
three, and unless twenty thousand dollars shall have been 
actually paid into the Treasury of said College, on or before 
the last day of December, eighteen hundred and seventy, 
from the subscriptions now being made as aforesaid. 

[Approved February 4, 1862.] 



18 



CHARTER OF THE LITERARY FRATERNITY 



An Act to incorporate the Literary Fraternity of Waterville 

College. 

Sec. 1. Be it enacted by the Senate and House of Repre- 
sentatives in Legislature assembled^ That Abraham Sanborn, 
Sumner S. Rawson, Nicholas Medbury, Samuel McLellan, 
and Hermon Stevens, their associates and successors, be, and 
they hereby are, incorporated into a body politic by the 
name of the Literary Fraternity of Waterville College ; and 
by that name may sue, prosecute and defend, in any court 
whatever ; have a common seal, and change the same at 
pleasure ; and make any by-laws for its government, not re- 
pugnant to the constitution and laws of the State ; hold and 
possess any estate, real and personal, to any amount, not 
exceeding five thousand dollars over and above the value of 
their books, and may sell and convey or lease the same. 

Sec. 2. Be it further enacted. That all the estate of said 
Corporation shall be held and used exclusively for the en- 
couragement of literature and the diffusion of science and 
useful knowledge. 

Sec. 3. Be it further enacted. That the powers granted 
by this Act, may be enlarged, restricted or annulled, at the 
pleasure of the Legislature. 

Sec. 4. Be it further enacted. That the first meeting for 
the organization of said Corporation, may be notified and held 
at such time and place as the said Sanborn may direct. 
[Approved by the Governor, February 19, 1827.] 



19 



CHARTER OF THE EROSOPHIAN ADELPHI. 



An Act to incorporate the Erosophian Adelphi of Water- 
ville College. 

Sec. 1. Be it enacted hy the Senate and House of Repre- 
sentatives in Legislature assembled, That Joseph Russell, Jr., 
Oliver G. Fessenden, Smith B. Goodenow, B. F. Butler, 
Nathan W. Oliver, their associates and successors, be, and 
they hereby are, incorporated into a body politic by the 
name of the Erosophian Adelphi of Waterville College; 
and by that name may sue, prosecute and defend in any 
Court whatever ; have a common seal, and change the same 
at pleasure ; and make any by-laws for its government, not 
repugnant to the Constitution and Laws of the State, hold 
and possess any estate, real and personal, to any amount 
not exceeding five thousand dollars over and above the 
value of their books, and may sell and convey or lease the 
same. 

Sec. 2. Be it further enacted, That all the estate of said 
Corporation shall be held and used exclusively for the en- 
couragement of literature and the diffusion of science and 
useful knowledge. 

Sec. 3. Be it further enacted, That the powers granted 
by this Act, may be enlarged, restricted or annulled at the 
pleasure of the Legislature. 

Sec. 4. Be it further enacted, That the first meeting for 
the organization of said Corporation may be notified and 
held at such time and place as either of the above named 
persons may direct. 

[Approved March 28, 1836.] 



20 



BY-LAWS OF THE TRUSTEES. 



ANNUAL MEETING. 



1. The Annual Meeting of the Trustees shall be held at 
Champlin Hall on the daj before Commencement, at nine 
o'clock in the forenoon. There shall be a meeting on Com- 
mencement Day at nine o'clock in the forenoon. At the 
Annual Meeting, or any adjournment thereof, any business 
may be transacted. 

SPECIAL MEETINGS. 

2. Special Meetings may be ordered by the President of 
the University, or the Chairman of the Board of Trustees, 
and it shall be the duty of either to call a Special Meeting 
on the written application of five members of the Board, 
setting forth the objects of the meeting. 

MEETINGS, HOW NOTIFIED. 

3. Members of the Board shall take notice of the time 
and place of the Annual Meeting, and the proceedings 
thereat shall not be affected by failure to give notice of the 
meeting. 

Special Meetings shall be called by publishing a notice in 
two newspapers printed in this State, two weeks succes- 



21 

sively, the first publication to be at least fourteen days before 
the meeting. The notice shall state the objects of the 
meeting ; and no business shall be transacted at such meet- 
ings, but such as relates to the objects specified in the notice. 
The Secretary shall record a copy of the notice and the 
names of the newspapers in which it was published, with 
the date of the respective publications. 

It shall be the duty of the Secretary also to notify each 
member of the Board, by mail, of all meetings of the Board, 
at least seven days before the time of the meeting ; but this 
notice is not necessary for the legality of any meeting. 

QUORUM. 

4. Thirteen members shall constitute a quorum ; but a 
less number may adjourn from day to day, or to any other 
time or place until a quorum shall be obtained. 

OFFICERS. 

5. The officers of the Corporation shall be a President, 
Vice President, Secretary and Treasurer ;^one, not a mem- 
ber of the Board of Trustees, is eligible to the office of Vice 
President. 

TENURE OF OFFICE. 

6. The Vice President, Secretary and Treasurer shall 
hold their offices, respectively, foj two years, and until others 
are chosen in their stead. Any person elected or appointed 
President, Professor or Tutor in the University, shall hold 
his office during the pleasure of the Board, subject to be 
removed by a vote of a majority of the members present, at 
any regular meeting : and in every case of such removal, 
the duties of such officer shall forthwith cease, and he shall 
be allowed to receive his salary for a period of three months 
beyond the time of removal : and the President or any Pro- 



22 

fessor or Tutor may resign his office at any time, by giving 
notice to the Secretary of his intention to do so, three 
months prior to the time his resignation is to take effect ; 
and the Secretary shall forthwith communicate the same to 
the Committee of Instruction. 

7. A Trustee forfeits his membership by absence from 
two successive annual meetings. 

DUTIES OP OFFICERS. 

8. The Board shall from time to time prescribe such 
laws as they may deem necessary for the guidance of the 
President, Professors and Tutors in the discharge of their 
respective duties and the management of the affairs of the 
University. 

9. The Vice President shall, ex-offieio, be Chairman of 
the Board of Trustees, and in his absence a Vice President 
pro tern, shall be chosen. 

10. The Secretary shall keep a fair record of the votes 
and transactions of the Board, and also an orderly book in 
which the By-Laws of the Board and a list of the members, 
designating the time of their commencing and ceasing to be 
members, shall be entered. He shall record the names of 
the members present at every meeting, and make report of 
the vacancies in the Board at the opening of each meeting. 
He shall notify the special meetings, as hereinbefore pro- 
vided. He shall furnish the Chairman of every Committee 
with the names of the members thereof; and of special 
committees, with a copy of the vote by virtue of which the 
committee was appointed. 

11. The Treasurer shall give a bond to the University, with 
sureties, in such sums as shall from time to time be ordered, 
for the faithful performance of the duties of his office. He 



23 

shall make no payments except on the written orders of the 
Prudential Committee, or specific appropriations made by 
the Board. He shall deposit, as Treasurer, in such bank 
as the Prudential Committee shall designate, all such moneys 
as may from time to time come into his hands. He shall 
keep all deeds, promissory notes, and valuable papers be- 
longing to the University. He shall keep a regular set of 
books, containing the accounts of the University and of all 
its moneys that may come into or pass through his hands, 
and shall make annually with the Prudential Committee a 
complete settlement of his accounts. He shall also make 
to the Board, at the annual meeting, a full report of the 
state and condition of the Treasury and of the funds ; which 
report he shall have made up by the Wednesday next before 
Commencement Day, annually, and shall on that day exhibit 
the same to the Prudential Committee. He shall also have 
his accounts made up and ready to be audited by said Com- 
mittee, by the day above mentioned. He shall make and 
execute such deeds of real estate as the Board may authorize 
and direct by vote, and shall affix the seal of the University 
to the same ; and all deeds so executed are declared to be 
valid and effectual as the deeds of the Corporation. The 
financial year of the University shall be considered as com- 
mencing on the Wednesday next before Commencement 
Day of each year. 

STANDING COMMITTEES. 

12. A Prudential Committee of three persons shall be 
elected by ballot at each annual meeting. It shall be their 
duty to advise and direct the Treasurer in regard to all invest- 
ments of the funds of the University, and annually to audit his 
accounts ; to attend to and direct suits at law, for or against 
the University ; and to draw orders on the Treasurer for all 
accounts and claims against the University — which orders 



24 

shall always express the specific objects for which they are 
drawn. They shall direct the expenditure of all appropria- 
tions made by the Board, and shall have the general 
superintendence of the lands and buildings belonging to the 
University ; and shall keep a book in which shall be entered a 
record of all the orders drawn by them, and generally of 
their votes and transactions ; and they shall, at each annual 
meeting, make a full report to the Board of the amount of 
orders drawn by them, the state and condition of the finances 
of the University, and generally of their doings and trans- 
actions. 

13. The President and Professors of the University, with 
such others as the Board may appoint, shall be a Committee 
of Instruction, with power to make any temporary appoint- 
ment of instructors in any department of the University, 
which may be necessary to supply any vacancies that may 
occur between the meetings of the Board. Each Professor, 
Tutor and person employed as teacher, shall, immediately 
after the examination for the third term, report to the 
President in detail the instruction given in each term, 
whether by lectures or otherwise, the text book used, and 
in general, the course and amount of study in the several 
classes ; which reports, with a similar one of his own doings, 
the President shall lay before the Board at the annual 
meeting. 

14. At every Annual Meeting, there shall be appointed, 
to act during the year, an Examining Committee of three ; 
a Committee on the Library, consisting of three members of 
the Board, and a Committee on the Cabinet and Philosoph- 
ical Apparatus, consisting of three members of the Board. 

15. The Examining Committee shall attend the term ex- 
aminations and report thereon to the Board at the annual 
meeting. Each member of the Committee shall have the 
right to attend any recitation in the University, and the 



25 

power to appoint a substitute to act in his place, whenever 
he may not be able to attend personally to the discharge of 
any of his duties. The Committee may also appoint others 
to act with them. 

16. The Committee on Library shall have the general 
charge of the Library and of the expenditure of the appro- 
priations therefor ; shall endeavor to promote the increase 
of the Library, make frequent examinations thereof, and 
report upon its condition to the Board at the Annual Meet- 
ing, with a statement in detail of the expenditures on 
account of the Library, and of the books added, during the 
year. 

Each member of the Faculty shall, two weeks before the 
commencement of each term, furnish to the Chairman of 
the Committee a list of the new books required in his de- 
partment during the succeeding term. 

17. The Committee on the Cabinet and Philosophical 
Apparatus shall report at each Annual Meeting upon the 
condition of the Apparatus and Cabinet, recommending such 
additions thereto as shall seem to them to be required. 

OTHER COMMITTEES. 

18. At the opening of each annual meeting there shall 
be appointed the following committees, each consisting of 
three members of the Board. 

A Committee on Finance ; 

A Committee on the Reports of the Faculty ; and 

A Committee on Honorary Degrees. 
To the last named committee shall be referred all propo- 
sitions for Honorary Degrees ; and no Honorary Degree 
shall be conferred without a report of the committee upon 
the proposition therefor, except by the unanimous vote of 
the Board. 



26 

EULES OF OEDEK, &C. 

19. Every meeting of the Trustees shall be opened with 
prayer. 

20. All elections shall be by ballot ; and no Honorary 
Degree shall be conferred except by a two-thirds vote, taken 
by ballot. 

21. Committees shall be nominated by the Chairman of 
the Board, unless otherwise ordered. 

22. Vacancies in the Board shall be filled at nine o'clock 
in the forenoon of Commencement Day, unless some other 
time shall then be fixed by a two-thirds vote. 

23. The minutes of the proceedings of the Board shall 
be read and corrected at the close of each meeting. 

24. In cases not herein specially provided for, the Board 
shall be governed in its proceedings by the usual parlia- 
mentary law. 

25. All by-laws heretofore adopted are hereby repealed ; 
and these by-laws may be amended, suspended or repealed 
at an annual meeting, and by a two-thirds vote : Provided, 
however, that no by-law requiring a unanimous vote shall 
be amended, suspended, or repealed, except by a unanimous 
vote, unless the proposition be presented at an annual meet- 
ing, entertained by the Board, and referred to the next 
annual meeting for final action. 

COMMENCEMENT. 

26. Commencement shall be holden on the fourth 
Wednesday of July, annually. 



27 



EXTE ACTS 

FROM 

THE LAWS OF COLBY UNIVERSITY. 

ADOPTED BY THE TRUSTEES. 



CHAPTER I. 
OFFICERS OF THE UNIVEESITY — THEIR DUTY AND POWERS. 

1. The President, Professors and Tutors are vested with 
the executive authority of the University and styled the 
Faculty ; and have power to govern the students, both 
graduates and undergraduates, according to the laws and 
rules thereof. 

2. The President, during term time, shall reside in Water- 
ville, and provide that morning worship be maintained in 
the University Chapel. 

3. The President shall preside at the meetings of the 
Faculty, at examinations and commencements ; and have 
the superintendence of the general concerns of the Univer- 
sity. 

4. In case of the absence, resignation, or death of the 
President, the Professors shall, in rotation, or under such 
regulations as they may establish, be vested with his authority 



28 

and discharge the duties of his office, till his return, or till 
another President shall be appointed. 

5. In regard to precedency among the Professors, it shall 
be a standing rule that they shall take rank according to 
the date of their respective appointments to office ; the same 
rule shall be observed in relation to the Tutor ; provided, 
however, that the said officers may adopt a different arrange- 
ment if they please. 

6. The Faculty shall faithfully instruct the students in 
the languages, arts and sciences, in the manner hereinafter 
prescribed ; and shall faithfully execute the laws of the 
University, and maintain discipline and order among the 
students, always taking special care to exercise, as far as 
possible, a parental government over them, and to give them 
the counsels of friendship. 

7. The faculty shall hold a session every week in term 
time, for the purpose of mutual consultation on the concerns 
of the institution, and of transacting any business which 
may claim their attention. And the President may call a 
special meeting whenever he may judge such meeting neces- 
sary. 

8. At the first session of the faculty in each year, one of 
the professors shall be appointed Secretary, whose duty it 
shall be to record all the doings of the government. 

9. The faculty shall appoint a monitor or monitors, 
whose duty it shall be to keep bills of absence from those 
religious services on which the students are required to 
attend, marking all as absent who are not present at such 
time, after the exercises commence, as the faculty shall 
direct. 

The faculty shall also appoint a suitable person to ring 
the bell, under such regulations as they may adopt; for 



29 

which services the person so appointed shall receive a fair 
compensation, to be determined by the faculty. 

10. All excuses for absence from literary and religious 
exercises shall be presented in writing to the officer super- 
intending the exercise, and be judged of by the faculty. 

11. Whenever a question is to be decided by the faculty, 
the President shall be entitled to three votes, each Professor 
two, and each Tutor one. 

12. The faculty, at any of their regular meetings, may 
make such additions to these laws as they may think neces- 
sary. Provided, however, that no regulation of this kind 
shall be binding on the students, unless promulgated in the 
chapel ; nor, when so promulgated, shall it continue in force 
any longer than till the commencement of the next Univer- 
sity year, unless approved by the Trustees. 



CHAPTER VII. 

OF COMMENCEMENT AND DEGREES. 

1. The commencement shall be holden on the fourth 
Wednesday in July, annually. 

2. No degree shall be conferred, unless authorized by 
the Board of Trustees. 

3. After the final examination of the senior class, which 
shall be on the fifth Wednesday preceding commencement, 
the President shall make known to them the decision of the 
faculty, in relation to the parts to be performed by them at 
the ensuing commencement. After the commencement 
exercise of any student shall have been approved, committed 
and rehearsed, he may have leave of absence from Water- 
ville till the Friday next preceding commencement, at which 



30 

time he is required to return and attend to any rehearsal 
of his part which may be appointed. 

4. If any member of the class shall neglect to rehearse 
at the time and place appointed, or shall refuse or neglect 
to perform his part on commencement day, or shall presume 
to deliver in public what has not been approved, the degree 
shall be withheld. 

5. No student shall be entitled to the first degree unless 
he shall present to the President, as early as the day preced- 
ing commencement, a certificate, from a person appointed 
to collect the bills, that he has settled all demands against 
him, nor shall any person receive the second degree in course, 
who shall not present to the President a similar certificate 
that he has paid the customary fee. 

6. Every Bachelor of Arts, in three years after receiving 
the first degree, shall be entitled to the degree of Master of 
Arts ; provided he furnish the Trustees with satisfactory 
testimonials of the purity of his moral character, and of a 
proper advancement in the arts or in either of the learned 
professions, and produce the certificate mentioned in the 
fourth article. 

7. Persons who have received a degree at any other 
College, may, with the approbation of the Trustees, be 
admitted ad eundem here. All honorary degrees, conferred 
by the Trustees on account of distinguished merit, shall be 
free from all charge. 

8. Any person who has received a degree at this Uni- 
versity, may have a diploma, signed by the President, and 
sealed with the University seal ; and he shall pay to the 
Treasurer five dollars to defray the expense of the diploma. 



31. 
CHAPTER VIII. 

LIBRARY AND PHILOSOPHICAL APPARATUS. 

1. The Librarian shall perforin the duties of his ofi&ce 
agreeably to the direction of the Committee on the Library, 
in all cases not provided for by established rules. 

2. The Librarian, whenever it shall be thought expedi- 
ent by the Trustees, shall give bonds to the Treasurer, in 
such sums as shall be thought proper, for the faithful 
discharge of his trust. 

3. All the students of the University shall be entitled to 
the use of the library. 

4. Each student, while in the library shall remain 
uncovered, and shall conduct himself in an orderly and 
respectful manner. No student shall be allowed to take 
down any book from the shelf. 

5. No student shall be allowed to take from the library, 
or have in his possession at one time, more than three 
volumes. 

6. No book taken from the library, except text-books, 
shall be kept longer than three weeks. Any student keep- 

• ing a book longer than the time specified, shall be charged 
ten cents per week for such detention ; and for the use of 
each text from the library, there shall be charged a compen- 
sation, fixed by the committee, according to the value of 
the book, and the manner in which it shall have been used. 

7. If any student damage a book belonging to the library, 
he shall be required to repair such damage, and if he lose a 
book he shall replace it by a new one, within three months, 
or be charged double the amount of the cost of the book, or 
if belonging to a set, of the set to which it belongs. 

8. No student is expected to apply to the Librarian for 
books, except at times appointed by the committee. 



32 

9. Near the close of each term the Librarian shall appoint 
a day on which all books belonging to the library shall be 
returned ; and for every book not returned at the specified 
time, a fine of fifty cents shall be imposed upon the delin- 
quent. The officers of instruction, and all other persons 
not students, who may have books borrowed from the library, 
are required to return the same on the Saturday preceding 
commencement ; and no books shall be lent to students dur- 
ing any vacation. 

10. Members of the Corporation and the officers of in- 
struction may have access to the library whenever they find 
it necessary. 

11. No books shall be lent from the library to persons 
not immediately connected with the University, except in 
special cases, and on a written order from the President. 

12. The Librarian shall keep a carefully prepared record 
of all books taken from the library. 

13. The philosophical apparatus and the observatory 
shall be under the charge of the Professor of Natural Phi- 
losophy and Astronomy. The Laboratory, Zoological and 
Mineralogical Cabinets shall be under the charge of the 
Professor of Chemistry and Natural History. Each Profes- 
sor shall be accountable to the Trustees for the care of the 
apparatus belonging to his department ; nor shall any stu- 
dent have access to it unless accompanied by the Professor. 





CHARTER 



Colby Uniyei\sity, 



WJTH THE 



ACTS AND RESOLVES 



EELATING THERETO, 



BY-LAWS OF THE TRUSTEES. 




PORTLAND, ME: 
STEPHEN BEKRY, PRINTER. 

1875. 


















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